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Last Update: 23/10/2014

 

Things you should know about your membership

 

Welcome to Ontic Health & Fitness. Before signing your Ontic Health & Fitness Membership Agreement please take the time to read the following terms and conditions of your membership. We advise you to only sign the membership agreement if you understand and agree with the conditions.

 

The information outlined in these terms and conditions can/will be used in the events of a discrepancy.

 

By signing the agreement you are agreeing to have been given a copy of this agreement and agree to abide by the rules of membership. You also acknowledge and agree that you are medically sound to undertake normal course of exercise, you will use the club facilities at your sole risk and responsibility and you are aware that exercise is physically demanding and participation in some activities may pose a risk to your health.

 

 

 

Rules of Use

 

-  The membership is only able to be used by the person noted on the applicable membership agreement. Misuse of the membership card/tag will see the member's access terminated and the applicable visit charges applied along with any applicable cancellation fees.

 

-  Bags: All bags are to be stowed in the lockers provided. No bags are allowed in the Gym area or Group Fitness Rooms.

 

- Towels: A towel must be used at all times throughout your workout. If you do not have a towel you may hire/purchase one from reception.

 

-  Dress Code: Fully enclosed, clean sports shoes must be worn during workouts for safety reasons.

 

Members are required to wear a singlet or t-shirt at all times in the club. Clothing must be clean and tidy (no work shirts) with no offensive prints or designs for the consideration of other members. We also ask that you have consideration for others regarding body odour. You may be asked to use deodorant if necessary.

 

-   Use of Equipment: We ask that you return weights and bars to their racks when you have finished with them. This includes unloading plates from machines and bars when you have finished your set.

 

This rule applies to equipment also used in Group Fitness classes (steps, mats, pump bars, etc.).

 

Dropping or bouncing of weights is not permitted anywhere in the club. Please use a lighter weight or ask a trainer to spot (assist) you if required. Please wipe down all equipment and weight benches after use. Cleaning stations are located throughout the club to assist with this process.

 

Suspension: Notifications of all suspensions must be provided at least 7 working days prior to the intended commencement date. Suspensions are available for a minimum period of 2 weeks. A fee of $5.00 per week applies to suspend your membership and is payable in advance on pre-paid memberships or non-direct debit clients. Direct debit clients will have their suspension fees directly debited. Membership suspension fees do not contribute to the total minimum membership fee.

 

-   Membership Transfer: An Ontic Health & Fitness pre-paid membership or fixed term membership, while within minimum term, may be transferred to a non-member for the cost of an additional $95 administration fee. Transfers are subject to special criteria in addition to Ontic Health & Fitness normal membership guidelines.

 

-   Lost Property: We highly recommend that you use lockers for your belongings. Ontic Health & Fitness do not take responsibility for loss or damage of your belongings. Any lost items will be held for two weeks, and then donated to charity.

 

 

 

Membership Entitlement

 

Ontic Health & Fitness membership entitles you to:

 

-   A Complementary Health and fitness consultation and workout plan on joining

 

-   Workout as many times as you wish in a given period

 

-   Use of exercise equipment on the gym floor and cardiovascular training areas

 

-   Participate in normally scheduled Group Fitness classes

 

-   Use Altitude facilities (Altitude members only)

 

 

 

Membership Obligations

 

Membership at Ontic Health & Fitness requires you to:

 

-   Comply with all club rules

 

-   Pay all agreed fees, ensure sufficient funds are available to cover all fees and advise us in advance if your bank account or credit card is closed or changed.

 

-   Inform us in advance if there is any risk to your health if you participate in fitness services.

 

-   You acknowledge that it is your responsibility to cancel direct debit facilities in respect of your membership and will only do so in accordance with your agreement or when this agreement expires or is terminated.

 

 

 

Special Conditions Regarding Membership Entitlements:

 

1)   There are variations in the facilities and services provided at different Ontic Health & Fitness clubs.

 

To ascertain exactly what a particular club provides in addition to the above entitlements, please enquire at the club directly there may be additional fees charged to access these facilities and services.

 

2)   Ontic Health & Fitness reserves the right to make changes to exercise equipment supplied in any of its clubs at any time. Ontic Health & Fitness also reserves the right to make changes to the Group

 

Fitness timetable at any time (i.e. alter class type, times and instructors).

 

3)   All entitlements and entry into any Ontic Health & Fitness are revoked if a member's account is in arrears in excess of $100.00

 

4)   If your automatic direct debit reverses or is returned to us by your financial institution you will incur an additional $10 reversal and late fee. We will attempt to contact you about retrying the debit prior to the next direct debit date. If we are unable and the debit remains outstanding it will be re- processed on the next direct debit date in addition to the next due debit and the $10 reversal and late fee. If you fail to pay us the fees by the due date, we are entitled to refuse you entry to the club. If unpaid fees remain outstanding, and after attempts by us to rectify the arrears your membership may be forwarded to a collection agency for further action.

 

5)   Annual CPI increases will apply to memberships. We reserve the right to increase your fees at any time after the minimum period of your agreement has ended in accordance with annual CPI increases.

 

We will make a reasonable effort to tell you about this at least one calendar month beforehand by writing to the address you last gave us (which may be an email address). We will consider that you will receive our letter or email on the second business day after it is sent. Where we have made a reasonable effort to let you know about a fee increase, you authorise us to increase any debits from your nominated account in line with this increase.

 

6)   We can assign or transfer the benefit of your contract to a person, firm or company at any time. We can also sub-contract our obligations to someone else without notice - but if we do, we are still responsible for ensuring those obligations are met.

 

7)   Changes to conditions: Ontic Health & Fitness reserve the right to change the terms and conditions in this document by providing you with one calendar month advance written notice of any change by either of the following:

 

-   Publishing them in our newsletter  

 

-   Placing a notice in the club

 

-   Writing to the address you last gave us

 

-   Advising on our website, Facebook Pages or Mobile Applications

 

We may sometimes add to, change or remove terms and conditions, club code and other membership conditions. This includes changing a club's opening and closing hours, its services and facilities and membership fees. From time to time, to improve our facilities, we may choose to close clubs for up to 3 days for refurbishment. The most up-to-date terms and conditions always apply. You can find copies at your local club or on our website at www.onticfitness.com.au

 

 

 

Packages

 

1.   You must provide 24 hours' notice to cancel any schedule Consultations or Personal Training sessions. Failure to do so may result in a session being deducted from your package or payment for the unattended session may be required.

 

 

 

Up Front Pre-Paid and Direct Debit Packages Termination Policy

 

Permanent Sickness or Physical Incapacity:

 

1.   Ontic Health & Fitness require a written request for termination advising the nature of the illness or Physical incapacity outlining specifically how this prevents you from utilising any of the services or facilities that Ontic Health & Fitness is able to provide.

 

2.   Ontic Health & Fitness require a medical certificate stating that you cannot utilise any fitness services or facilities because of your permanent illness or physical incapacity.

 

3.   You must give at least one calendar months' notice.

 

4.   Complete an Ontic Health & Fitness Resignation Request Form.

 

5.   Payment of $95.00 termination administration costs.

 

6.   Arrange to finalise any outstanding package payments and or collection fees (plus any outstanding fees owed to our collection agency) either by continued direct debit payments or as a one off payment for full and final settlement.

 

7.   Other than the above there are NO re-imbursements on packages and all packages are to be paid in full.

 

 

 

Membership Termination Policy

 

Termination - within the 48 hour cooling off period in accordance with QLD Fair Trading (Health and

 

Fitness Industry Code of Practice) your membership is subject to a 48 hour cooling off period and may be terminated under the following conditions:

 

1.   Ontic Health & Fitness requires a written request to terminate the membership within 48 hours of signing, the membership agreement.

 

2.   Ontic Health & Fitness must receive a payment of $95.00 to cover the termination administration costs.

 

3.   Ontic Health & Fitness may request additional payment to recover costs in relation to any fitness services provided to the member within this period.

 

  

 

Termination after the 48 hour cooling off period

 

Your membership may be terminated under the following conditions after of the 48 hour cooling off period:

 

 

 

Direct Debit Members

 

 

 

Fixed Term Memberships

 

1.   Cancellation can only occur after the Minimum Membership Term has lapsed, as detailed in your agreement.

 

2.   Complete an Ontic Health & Fitness Resignation Request Form.

 

3.   Arrange to finalise any outstanding membership and or collection fees (plus any outstanding fees owed to our collection agency) either by continued direct debit payments or as a one off payment for full and final settlement.

 

4.   Make a full payment, equivalent to that of 4 weeks of applicable membership payments

 

Flexi Memberships

 

1.   Complete an Ontic Health & Fitness resignation Request Form.

 

2.   Arrange to finalise any outstanding membership and or collection fees (plus any outstanding fees owed to our collection agency) for full and final settlement.

 

3.   Make payment of the $150.00 cancellation fee.

 

 

 

Up Front Pre-Paid Members:

 

1.   There are NO re-imbursements on pre-paid memberships after the cooling off period.

 

  

 

Termination by Ontic Health & Fitness:

 

Ontic Health & Fitness reserve the right terminate this membership agreement in accordance with the following conditions:

 

1.   Failure to abide by any of the criteria listed in the Rules of Use.

 

2.   Action upon a complaint by either club member or an employee (or contractor) of Ontic Health & Fitness.

 

3.   If unpaid fees remain outstanding, and after attempts by us to rectify the arrears as per the terms and conditions in this document Ontic Health & Fitness reserve the right terminate this membership agreement.

 

 

 

DIRECT DEBIT REQUEST SERVICE AGREEMENT

 

By signing the front page of this document you acknowledge and agree to the following terms and conditions:

 

1.   You authorise Ontic Sports Pty Ltd T/A Ontic Health & Fitness (Ontic)/Ezidebit Pty Ltd ACN 096 902 813 (Direct Debit User ID number 165969) agent to debit your nominated account in the Name and in the manner specified in the Direct Debit Request.

 

2.   You acknowledge that Ezidebit is acting as a Direct Debit Agent for Ontic and that Ezidebit does not provide any goods or services (other than the direct debit collection services to you for Ontic pursuant to the Direct Debit Request) and has no express or implied liability in regards to the goods and services provided by Ontic or the terms and conditions of any agreement that Ezidebit have with Ontic.

 

3.   Ontic will provide you with at least 7 days prior notice in writing if Ontic propose to vary any of the terms of the debit arrangement in place between us.

 

4.   You will need to give Ontic at least 7 working days' notice in writing if you wish to suspend or alter any of the debit arrangements.

 

5.   You will need to advise Ontic in writing if you wish to stop a payment being processed (a Debit Item) or cancel a Direct Debit Request. Such notice should be delivered to Ontic at least one calendar month before the preferred finial debit payment date or as otherwise stipulated in our Membership & Package Agreement Terms and Conditions. All requests for Suspensions or Cancellations must be referred to Ontic in the first instance.

 

6.   If you wish to dispute any Debit Item, you should refer to Ontic in the first instance and Ontic will seek to resolve the matter with you. If Ontic cannot resolve the dispute you can contact your financial institution at which your nominated account is held. Your financial Institution will then commence a formal claims procedure on your behalf.

 

7.   Some financial institution accounts do not facilitate direct debits. If you are uncertain, you should check with your financial institution.

 

8.   Before completing the Direct Debit Request, you should check the details of your nominated account against a recent statement from your financial institution, to ensure that your account details are correct.

 

9.   You agree that it is your responsibility to have sufficient cleared funds in your nominated credit card or account by the due date to enable payment of Debit items in accordance with the Direct Debit Request. Direct debits normally occur overnight, however transactions can take up to three (3) business days depending on the financial institution. Accordingly, you acknowledge and agree that sufficient funds will remain in the nominated account until the direct debit amount has been debited from the account and that if there are insufficient funds available; you agree that Ontic/Ezidebit will not be held responsible for any fees and charges that may be charged by your financial institution.

 

10.   You acknowledge that there may be a delay in processing the debit if:-

 

(a)   There is a public holiday on the day of the debit, or any day after the debit date;

 

(b)   A payment request is received by Ezidebit on a day that is not a banking business day in Queensland;

 

(c)   A payment request is received after normal Ezidebit cut off times, being 4:00pm Queensland time, Monday to Friday.

 

Any payments that fall due on any of the above will be processed on the next business day.

 

11.   You authorise Ezidebit to vary the amount of the payments from time to time as may be agreed by Ezidebit and Ontic as provided for within your agreement with us. You authorise Ezidebit to vary the amount of the payments upon receiving instructions from Ontic of the agreed variations. You do not require Ezidebit to notify you of such variations to the debit amount.

 

12.   Ontic will initiate the Debit Items on the due date stated in the Direct Debit Request or as otherwise agreed between Ontic in writing. If the due date for payment falls on a day which is not a business day in Queensland, then a Debit item will be processed on the next business day. You should enquire directly with your financial institution if you are uncertain as to when the Debit Item will be processed to your account.

 

13.   If a Debit Item is returned unpaid by your financial institution, you authorise us/Ezidebit to present a further debit for payment, notwithstanding that this may exceed the maximum amount stated in the Direct Debit Request. There will be a $5 fee to cover any charges Ontic incur as a result of your Debit Item being returned unpaid. You will also be responsible for any fees and charges applied by your financial institution for each unsuccessful debit attempt together with any collection fees, including but not limited to any solicitor fees and/or collection agent fee as may be incurred by us/Ezidebit.

 

14.   You appoint us/Ezidebit as your exclusive agent with regard to the control, management and protection of your personal information. You irrevocably authorise us/Ezidebit to take all necessary action (which Ontic deem necessary) to protect your personal information, including (but not limited to) prohibiting the release to or access by third parties without our consent.

 

15.   You hereby irrevocably authorise, direct and instruct any third party who holds/stores keeps your personal information to release and provide such information to us/Ezidebit on our written request.

 

16.   Ontic/Ezidebit will keep your information about your nominated account at the financial institution private and confidential unless this information is required to investigate a claim made relating to an alleged incorrect or wrongful debit, or as otherwise required by law.

 

 

 

Credit Card Payments:

 

1.   You acknowledge that “Ontic Sports Pty Ltd”/“Ezidebit” will appear as the merchant for all payments from your credit card. You acknowledge and agree that Ezidebit will not be held liable for any disputed transactions resulting in the non-supply of goods and/or services and that all disputes will be directed to Ontic as Ezidebit is acting only as a Direct Debit Agent for us. You acknowledge and agree that in the event that a claim is made, Ontic/Ezidebit will not be liable for the refund of any funds and agree to reimburse us/Ezidebit for any successful claims made by the Card Holder through their financial institution against us/Ezidebit.

 

2.   You acknowledge that Credit Card Fees are a minimum of the Transaction Fee or the Credit Card Fee, whichever is greater as detailed on the Direct Debit Request.

 

You authorise:

 

a)   Ontic/Ezidebit to verify details of your account with your financial institution; and

 

b)   Your financial institution to release information allowing Ontic/Ezidebit to verify your account details